#21102
Jimmy-T
Keymaster

    Uncle … niece  … cousin – doesn’t matter – they are not eligible.

    The Body Corporate and Community Management (Standard Module) Regulation 2008 rules HERE are quite clear on this.

    10 Eligibility to be a voting member

    (1) A person is eligible to be a voting member of the committee if the person is an individual nominated for membership of the committee by a member of the body corporate (the nominating entity) and is also—

    (a) a member of the body corporate; or

    (b) a person of a following category—

    (i) if the nominating entity is an individual—

    (A) a member of the individual’s family; or

    (B) a person acting under the authority of a  power of attorney given by the individual;

     OK, so what is a family member?

    (3) In this section, family, of a nominating entity who is an individual, means the following persons—

    (a) the individual’s spouse;

    (b) each of the children of the individual or the individual’s spouse who is 18 years or more, including a step child or an adopted child;

    (c) each of the individual’s parents, including a step parent;

    (d) a brother or sister of the individual.

     You also need to look at sections 16 and 18 of the above regulation.  They require the candidate and proposer to sign a document stating their eligibility. I would include in the notice sent out to owners before the AGM  that proof of family relationships (i.e. birth or marriage certificates or adoption papers) will be required for anyone proposing candidates who are family members. Failure to provide adequate proof will lead to the candidacy not being permitted.

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